Pure Big Brotherism

How many ways are there around the Fourth Amendment? Well, there seem to be new ones almost by the day.

To critics, the documents show how the government can avert Americans' constitutional protections against unreasonable search and seizure, but the confiscations have largely been allowed by courts as a tool to battle illegal activities like drug smuggling, child pornography and terrorism. The documents were turned over to David House, a fund-raiser for the legal defense of Chelsea Manning, formerly known as Pfc. Bradley Manning, as part of a legal settlement with the Department of Homeland Security. Mr. House had sued the agency after his laptop, camera, thumb drive and cellphone were seized when he returned from a trip to Mexico in November 2010. The data from the devices was then examined over seven months. Although government investigators had questioned Mr. House about his association with Private Manning in the months before his trip to Mexico, he said no one asked to search his computer or mentioned seeking a warrant to do so. After seizing his devices, immigration authorities sent a copy of Mr. House's data to the Army Criminal Investigation Command, which conducted the detailed search of his files. No evidence of any crime was found, the documents say.

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And the surveillance state is based on so many fundamental constitutional atrocities, and you can see almost all of them in that one passage. There is technological mission creep; a tool to fight kiddie porn and terrorism is turned against a guy whose only apparent offense is to raise money for the defense of someone the government doesn't like much. There is if-you-have-nothing-to-hide-etc. "No evidence of any crime was found," but that's not necessarily what the spooks were looking for. They were looking to cripple Chelsea Manning's defense and (probably) intimidate the people funding it. And the pure Big Brotherism of the whole thing is awesomely terrifying.

On July 8, 2010, Immigration and Customs Enforcement investigators in New York created an alert, known as a TECS lookout, for Mr. House, noting that he was "wanted for questioning re leak of classified material" and ordering border agents to "secure digital media" if he appeared at an inspection point. TECS is a computer system used to screen travelers at the border, and includes records from law enforcement, immigration and antiterrorism databases. A report from the Department of Homeland Security about border searches of electronic devices says a traveler may be searched "because he is the subject of, or person-of-interest-in, an ongoing law enforcement investigation and was flagged by a law enforcement 'lookout' " in the Immigration and Customs Enforcement computer system. On Oct. 26, 2010, an automated message notified investigators that Mr. House had an airline reservation on Oct. 30, traveling on American Airlines flight 865 from Dallas-Fort Worth to Los Cabos, Mexico; a later query noted that he would be returning to Chicago O'Hare on American flight 228, landing at 6 p.m. on Nov. 3. Since airline passengers are required to provide carriers with their birth date and passport number before a flight to or from the United States, and airlines pass that information to Homeland Security (as part of the Advance Passenger Information System), computers matched the lookout alert with Mr. House's itinerary. Agents were then dispatched to meet him.

Of course, this is to be expected from the all-too-human, error-prone guardians of our nation, whatever nation that is, because I'm losing track these days.

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